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Author: ERIK MAGRAKEN

ICBC Jury Trial Request Denied Where In House Counsel Failed to File Jury Notice in Time

Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, dismissing an ICBC application to lengthen the applicable time frame to file a jury notice.

In today’s case (Chapman-Fluker v. Gustavson) the Plaintiff was injured in a collision and sued for damages.  The Defendants, insured by ICBC and initially represented by in house counsel, failed to file a jury notice in the applicable time frame.

Months before trial the Defendants applied to allow them to file their jury notice beyond the specified time limits. 

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Charter Damage Lawsuit Requires Constitutional Question Notice

Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, finding that notice under the Constitutional Questions Act is required for parties seeking Charter damages as part of a personal injury lawsuit.

In today’s case (Fong v. British Columbia) the Plaintiff was injured as a result of a “hard takedown” arrest carried out by officers of the RCMP. 

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$110,000 Non-Pecuniary Assessment for L2 Fracture With Persistent Symptoms

Reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, assessing damages for chronic injuries suffered in a vehicle collision.

In today’s case (Kennedy v. Cumming) the Plaintiff was involved in a 2015 collision.  His was struck by the Defendant’s vehicle while operating his motorcycle.  The crash resulted in a fracture to the Plaintiff’s low spine and the onset of symptoms in pre-existing but asymptomatic degeneration.  The symptoms persisted to the time of trial and were partly disabling.  In assessing non-pecuniary damages at $110,000 Madam Justice Burke provided the following reasons:

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$100,000 Non-Pecuniary Assessment for Central Neuropathic Pain With Poor Prognosis

Reasons for judgment were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for central neuropathic pain caused by a vehicle collision.

In today’s case (Laliberte v. Jarma) the Plaintiff was involved in a 2015 vehicle collision.  She was a passenger in a vehicle driven by the Defendant that lost control “went through a fence and over a bump and landed in a field”.  Liability was admitted.

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Defence Doctor Opinion Rejected Where Plaintiff Not Examined and Diagnosis “Inferred”

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for collision related injuries and rejecting defence expert medical evidence.

In today’s case (Mladjo v. Etheridge) the Plaintiff was involved in a 2016 collision.  Fault was admitted by the Defendant.  The crash cause chronic soft tissue injuries and damages were assessed on this basis.

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$65,000 Non-Pecuniary Assessment for Likely “Indefinite” Neck and Back Injury

Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for long lasting soft tissue injuries.

In today’s case (Poulin v. Armstrong) the Plaintiff was involved in a 2013 collision.  She was a passenger at the time and was 14 years of age.  The Defendant admitted fault.  The crash caused soft tissue injuries to her neck and upper back which became chronic and were expected to linger indefinitely.

In assessing non-pecuniary damages at $65,000

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ICBC Expert Witness Rejected Due to “Selective View of the Facts”

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a Plaintiff’s injuries and rejecting expert evidence retained by ICBC.

In today’s case (Wong v. Draaistra) the Plaintiff was injured in two separate collisions.  Fault was admitted by the Defendants for the crashes.  In addition to physical injuries the Plaintiff developed “psychiatric or emotional problems that have likely increased and prolonged her physical pain, and have caused her life to shrink to near-isolation in an unmaintained home behind almost permanently closed blinds“.

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BC Court of Appeal – No Negligence in Case of “Catapulting” Mooring Rope

Reasons for judgement were published today by the BC Court of Appeal upholding a trial dismissal of a negligence claim involving a mooring rope which ‘catapulted’ into a Plaintiff causing injury.

In today’s case (Oddy v. Waterway Partnership Equities Inc.) the Plaintiff was injured when “a stake embedded in a beach, and attached by the mooring rope to the houseboat, broke free and was catapulted back towards the houseboat“.  The stake struck the Plaintiff causing significant injuries.

The Plaintiff argued

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Pecuniary Diminished Housekeeping Capacity Claim Succeeds at Trial

Last year the BC Court of Appeal clarified the law surrounding claims for diminished housekeeping capacity.  In short the court noted care must be taken to determine if a loss is for pecuniary vs non-pecuniary diminished housekeeping capacity.  This distinction is perhaps more important than ever given the recent legal changes capping the non-pecuniary rights of British Columbians.

To this end helpful reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, assessing damages for pecuniary diminished capacity.

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Defendant Statement to ICBC Regarding Crash Details Ordered to be Produced

Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, ordering production of a statement from a Defendant to ICBC to be disclosed to the Plaintiff in a personal injury lawsuit.

In today’s case (Canning v. Mann) the Plaintiff was injured in a crash and sued for damages.  The Defendant provided ICBC a statement detailing the circumstances of the crash.  The Defendant refused to provide the statement to the Plaintiff in the lawsuit arguing it was privileged.   The court ordered production noting there was insufficient evidence to establish litigation privilege.  In ordering the statement to be disclosed Mr. Justice Basran provided the following reasons:

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